Terms and Conditions of Sale...
This document (and other documentation expressly referred to within) outlines information about the legal terms and conditions (Terms) applicable to listed artworks (Artworks/Works/Art) accessible at www.art-hub.co.uk, www.artizangallery.co.uk, Artizan Gallery and Artizan Collective Gallery (Outlets) and their sale to you. These Terms will apply in the case of any sale of Artworks (Contract). When a purchase is made via one of our outlets, this is considered to be a purchase with us (Seller).
Buyers should read these Terms carefully before ordering any Artworks from any of our Outlets as the placement of an order constitutes acceptance and understanding of these Terms and the agreement to be bound by them. Terms change periodically and buyers should refer to them at the time of purchase. Terms and any Contract between us are only in the English Language.
1.1 ABOUT US
1.1.1 Artizan Gallery and Artizan Collective CIC operate the Outlets. Artizan Gallery (7 Lucius Street, Torquay, TQ2 5UW), is an independent fine art gallery. Artizan Collective CIC (Unit 5, Fleet Walk, Torquay, TQ2 5EB) is an arts focused Community Interest Company.
1.1.2 Artizan Gallery and Artizan Collective CIC can be contact via email@example.com.
1.2.1 Images of Artworks as they appear digitally in our Outlets are representative of the works they represent. We make every effort to portray works accurately but cannot guarantee that your viewing experience is true to that of the real-life work. Product may vary slightly from these depictions, for example frames may be added for illustrative purposes.
1.2.2 Products are subject to availability which will be confirmed via email prior to receiving your order.
1.3 SITE USE
Use of any of Outlets is subject to these terms.
1.4 PERSONAL INFORMATION
This clause applies if you are a consumer.
1.5.1 All consumers must be aged 18 or over.
1.5.2 We will rely upon these Terms and any document expressly referred to within to define the Contract between you and us. While statements and representations made by our duly authorised agents are our responsibility, any variations from these Terms must be secured in writing to be valid.
1.5.3 These terms do not impact your legal rights as a consumer.
1.5.4 Our failure to comply with these Terms, would result in our liability for suffering that is a foreseeable result of such a breach, but we are not responsible for any loss or damage that is not foreseeable.
1.5.5 We do not in any way limit our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and e) defective products under the Consumer Protection Act 1987.
1.5.6 If you are purchasing on behalf of a busines, you confirm you have the authority to bind them by any contract outlined in these Terms.
1.5.7 Nothing outlined herein limit or exclude our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; or c) defective products under the Consumer Protection Act 1987.
1.5.8 We will under no circumstances be liable to you, for any matters arising under or in connection with the Contract for: a) loss of profits, sales, business, or revenue; b) loss of data; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any consequential loss.
1.5.9 We do not give any representation or warranties in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we are not responsible for ensuring that the Products are suitable for your purposes.
1.6 VARYING TERMS
We may necessarily revise these terms if changes in the way we accept payments, conduct business or are obliged to operate under relevant laws occur.
1.7 EVENTS BEYOND CONTROL
1.7.1 We will not be liable for any failure to carry out our obligations under Contract that is caused by an Event Beyond Control.
1.7.2 An Event Beyond Control refers to any occurrence that could not be reasonably controlled including without limitation, industrial action, acts of God, natural disasters, changes in requirements under law, acts of terrorism.
1.7.3 If an Event Beyond Control occurs you will be contact as soon as possible and any obligations shall be suspended until such a time as Event Beyond Control is resolved.
1.8.1 “In writing” for the purposes of these Terms will include by e-mail.
1.8.2 Any contact in relation to these Terms should be made in writing to firstname.lastname@example.org.
1.9 ADDITIONAL TERMS
12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
12.2 Agreement in writing must be sought if you wish to transfer your obligations under these Terms.
12.3 Nothing in these Terms is intended to confer any benefit or entitlement on any person other than you and no such other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
12.4 Each of the paragraphs of these Terms operates separately and is therefore not impacted by the invalidity of any other clause as determined by a relevant authority.
12.5 Any failure to enforce or delay in enforcing our rights against you does not infer we have waived our rights against you and will not mean that you do not have to comply with any obligations.
12.6 These Terms are governed by English law.
2.1 THE CONTRACT
2.1.1 After placing your order you will receive a confirmation email from us to acknowledging we have received it. However, the contract between us is not confirmed until you receive notification that Products have been dispatched to you.
2.1.2 If for whatever reason we cannot fulfil an order you will be notified by e-mail; we will not process your order and any necessary refunds will be made.
2.2 CANCELLATIONS AND REFUNDS
2.2.1 Consumers have a legal right to cancel a Contract under The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013.
2.2.2 This cancellation right does not apply in the case of commissioned and bespoke products.
2.2.3 Cancellation can only occur from the date you receive your dispatch confirmation and the Contract is formed. After work is confirmed as delivered, you have 14 days in which to cancel your order.
2.2.4 Cancellations can only be made by contacting us in writing at email@example.com.
2.2.5 Cancellations made within this period will be refunded in full along with any Delivery Charges you paid for via our Outlets. Refunds can only be issued via the original payment method.
2.2.6 In the case of a return, the instructions issued by Artizan Gallery must be followed exactly. Work must be secured in its original packaging for us to cover the cost of collection. You will be asked to confirm this has been done through the provision of photos of the repackaged work. If for whatever reason the original packaging cannot be used, liability for and cost incurred for the safe return of the work becomes the obligation of the buyer. All accessories, certificates etc. must also be returned to secure a full refund.
2.2.7 You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
2.2.8 Conditions which must be met to secure a refund: a) cancellation must be requested within 14 days of products being received; b) and your return must be processed within 14 days of our confirmation a refund is due; c) the artwork must be in the same condition it arrived in and returned in its original packaging with all accessories and papers to qualify for a refund (it is important you unpack received artworks carefully); d) pictures must be taken of the artwork pre and post packaging for your insurance purposes.
2.2.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described.
2.3.1 Orders are fulfilled as soon as reasonable with the consideration that this may be dispatched direct from the artist. A tracking number will be supplied upon shipping.
2.3.2 If we are unable to fulfil a delivery because of an Event Beyond Control we will contact you as soon as possible.
2.3.3 Upon delivery, products are the responsibility of the buyer. The buyer owns the products from the point at which all payments and fees are received.
2.4 INTERNATIONAL DELIVERY
2.4.1 We accept no responsibility for costs of import duties or taxes occurring in relation to international delivery as we have no control over these charges. The buyer is responsible for meeting these duties and where these are not paid resulting in products being returned to us, we cannot guarantee refunds of delivery charges and liability for the security of the work in transit defers to the buyer.
2.4.2 International buyers must comply with all applicable laws and regulations in the destination country and we are not liable for any breaches of these laws.
2.5 PAYMENTS, PRICES, FEES AND CHARGES
2.5.1 We take all reasonable care to ensure the accuracy of prices and fees displayed on the site. However, where we discover an error in price clause 2.1.2 applies.
2.5.2 Prices do not include delivery charges which are quoted separately prior to the completion of your order.
2.5.3 Our Outlets handle a large number of Products and it is always possible that, prices may not be accurate. If we discover an error in any listings you have ordered, we will inform you and give you the option of continuing your purchase or cancelling your order. In this case, orders cannot be processed without the buyer’s instruction. We do not have to provide the Products to you at the incorrect (lower) price.